KANAK KUMAR DUGAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner, Kanak Kumar Dugar, has in the instant writ petition, inter alia, prayed for a writ in the nature of mandamus commanding the Respondents, their subordinates and agents not to give any effect to and/ or cancel the impugned notification dated December 17, 1982, passed under Sec. 4 of the Land Acquisition Act. 1894 ( hereinafter refferred to as Act I of 1894) which is Annex 'G' to the writ petition.

(2.) It appears from the said notification that the Department of Land and Land Reforms, Land Acquisition, had issued a notification that the land is likely to be needed for 'a public purpose', namely, for use of the National Medical College, Calcutta, and its attached teaching Hospital (Chittaranjan Hospital) and it was informed that a piece of land, comprising premises Nos. 27/1A and 27/1B, Dehi Serampore Road, Calcutta, and a common passage measuring more or less 0.2835 of a hectare (P. 7006 of an acre) and bounded on the north by C.I.T. Road, on ther east by Dehi Serampore Road and premises No. 27. Serampore Road, on the south by premises Nos. 24 and 26, Dehi Serampore Road and on the west by Sundari Mohan Avenue, was likely to be needed for the aforesaid public purpose.

(3.) When this writ petition was moved before this Court, Mrs. Padma Khastagir J. had admitted the writ petition on February 1, 1984, and issued a Rule on March 7, 1984, in the presence of Mr. D.P. Majumdar, learned Advocate for the State, and also granted interim order directing the Respondents to take into consideration the objections raised by the Petitioner, particularly, the alternative land, already in possession of the Respondents and lying vacant, and apart from that, the Respondents should stay hands, till further orders of the Court.